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Aildress, - - . A 16 88 - 70 67 77 . 65 26 ' 18 19 - 26 20 - 41 6 - 36 34 - 52 INDEX. Quorum, - Jleadinp papoM, Rccorisiderivtion, - Repi»rt of Ciitntniltee, Report t.iVfJi up, - Rt^Holi.'tious, Rules, iuiportai.ee of, Speaker, Tre tifi«, Witufcifie*, 11 35 61 32 33 27 5 69 11 57 71 16 r^ Mi- ■^""JF-^-'^WMIH! A MANUAL OK PARLIAMENTARY PRACTICE. XXMCPORTAHOB OF 'AXTLEB. SECTION I. The Importance of adhering to rules. — Mr. Onslow, the ablest amoui; the speakers of the House of Commons^ used to say, " it was a maxim he had often heard when he was a young man, from old and experienced members, that nothing tended more to throw power into the hands of administration, and those who acted with the majority of the House of Commons, than a neglect of, or departure from, the rules of proccedins; : that these forms, as insti- tuted by our ancestors, operate»l as a check, and controul on the actions of the majority, and that they were in many instances, a shelter and protection to the minority, against the attempts of power/' Ho far the maxim is certainly true, and is founded in good sense, that as it is always in the power of the majority, by their numbers, to sto[i any improper measures imposed on the part of their opponents, the only weapons by wbich the minority can defend them- selves against similar attempts from those in power, are I'RlVII.Er.E. the toniiR ami nilos of prociMMlins;, \viru;li have hocMi ailopt- ed as tlip^ urrr lonml ii('c»*s.«ai\v from lime to limo, and bave lit'coiiic llu' law of llu' house ; h;v a strict adiieiTtico t<» which, the weaker party can only he pn»te( ted from those inei;iilarities and ahci-es, which these forms were intended to (heck, and which tin wantonness of power is but too often apt to sni;i[;est to lari;e an?' successful majori- ties. 2 Hats irl. i7«. And whellier tliese forms he in all cases the most ra. tionalornol, is really not of so i;n'at importance. It is much more material that there should he a rule to 2,0 hy, than what that ruh* is ; that there may he an uniformity of pnK'eedini; in hnsiness, not subject to the caprice of the Speaker, or captiou^ness of the members. It is very ma- terial that order, deiency and regularity he preserved in a dipiified public body. 2. Hats. 14y. he ^ SECTION II. Pn'viJps^^. — The pri> ileges of the memuers of parlia- ment, from small and ol^scure beginnings, have been ad- vancing for centuries with a firm and never yielding pace. Claims seem to have been brought forward from time to time, and repeated, till some example of their admissioa enabled them tt» build law »»n that example. We can on- ly therefore state the point of progression at which they now are. It is now acknowledgiul, 1st. That they arc at all tirm s exempted from question elsewhere for any thing said in their own house ; that during the time of pri- vilege. 2. nt itluT a member himself, his* wife, or his ser- vants, [familiares sui] for any matter of their own, may , * Ord. oftbe Hou»eof Common8tl663.July 16 I'KIVILKGK. 1)0 *arrcstP«] on mosno pmro^^, in any rivil siiif : 3. nor bo tli'tii'Mied iiniler oxcntinn, tlmui:;li Jcvifd hrfiirc (imcof pri- vil<':;o : I. Nor irnjilo.'uh'd, cited, t)r «tnl)p(rno('d in any court: 5. Nor snninioned as a witness or jnror: H. Nor may their lands or a;oodH be distrained : 7- Nor their per- sons assaulted, (M* characters tradure«l. And the period of time, covereil by pri\ ilei;p, before and alter the se«**ion, with the practice of short proroj;ations under the conni- vance of the crown, amounts in fuct to a perpetual protec- tion aii;ainst the course of justice. In ofie instance indeed it has been relaxed by the 10. U. 3. c. ;*iO. which permits judiciary proceediniis to «;n on aa^ainst tlu»m. That these privileges must be con'inually projs;ressive «eem to result from llu'ir rejedini; all definition of them : the doctrine be- iiii; that »* their dij;nity ami independence are preserved by keepins; their privileges indefinite;" and that *'the max- ims upon which they proceed, together with the method of proceeding, rest entirely in their own breast, and are not defined, and ascertained by any particular staled laws.*' 1. Blackst. 163. lt)4. While privilege was understood in England to extend only t(» exemj)tion from arrest eundo, morando, et redeun- do, the House of Commons themselves dec ided that '* a convenient time was to be understood." (1;78().) 1. Hats. 99. 100. Nor is the law so stri( t in point (»f time as to re- quire the party to set out immediately on bis return, but allows him time to settle his private affairs and to prepare for his journey ; and does not even scan his road very nice- ly, nor forfeit his protection for a little deviation from tbat * EUygne 217. 1. Hats. 21, 1. Grey'i deb. 133. 8 PRIVILKGE. whinh is most direct ; sonie neceshity piM'liaps roiislraining him to it. 2. Stka. 9H(», UH7. This |»rivileji;p rrorii arrpst, privilcajiiH of ronrso n^aiiist al^ procPHH tlu' disolMMruMice to wliicli is piuiishiiblr l»y iin atUchoicnt of th«> |MM*soti : a<4 a .siil>|Mi'na ad n'spoiKlcii- dum, or tostifiraiiihiiii, (»r a siiiiiidoiis oii a jury ; and with reason ; hccause a int'iiihrr has superior (hilies to pirform in another place. Privih*ii;e from arrest takes place hy force of tlie elec- tion ; and before a return he made, a memlier elected may be named of a committee, and is to every intent a memlier except tliat he CHtinol. voU' until In* is sworn. Memor. 107> 108. Dewes {)p^- col. 2, (iia col. 1. Pet. miscol. pari, llil. Lex r»arl. c. 53. 2. Hats. 23, iU. Every man must, at his peril, take notice who ore mem- bers of either house returned of record. IjCX. Pari. SJ3, 4. inst 24. On complaint of a breach of privilege, the party may cither he summoned, or sent tor in custody of the serjeant, 1, (irey, H8. 05. The privilege of a member is the privilege of the house. If the member waive it without leave, it is a ground for punishing hira, but cannot in effect waive the privilege of the house. -3, Grey 140, 222. For any speech or debate in either house, they shall not be questio.ied in any other place. Protest of the Com- mons to James I. 1031. 2. Kajun, No. 54. pa. 2 J 1, 212. But this is restrained to things done in the house in a par- liamentary course. 1. Rush. 663. For he is not to have privilege contra morem parliamentarium, to exceed the bounds and limits of his place and duty. Com. p. VUIVII.F.OE. If Mi oflV'nce Im < ommitttMl \)y a nieuiher in the llouso, of \vhi( li tlio liousi' \\0' ( (»u;Miaii(H'. it in an iiifi-ini:;i>inrni df tlipii* rij;lits for aii,v pcisnn or (nurt, to Uike iioti( i* of it, till the lioohi'. lia.M ptmislicit the otlVriilcr, ur rcArrcd him to a *lu«' course, L«'\. Pari. '^.i. rri\iU"j:;t^ ih in iIh* jMiwer of tin* Iioujt, and is n rostvaint to the prociM'dinu; of inferior rour(». I)nl not of the lionsu itself. :i. Nalson \M). 5. (irev 399. K^uhject to the ernsure of the house; and otltMHOs (»f 'his kind have been Meverely [)uni>hed hy calling; the j»erson to (he har to ni;«ke suhnnsj-iiju, cuiumit lin::; him to the tower, expellinj^ the house, K.c. bcoi». '^2. L. Pari. V. 2J5J. U ifi a iireacli of order for the Sjieaker to refuse to put a «|neslion \vhi( h is in order. 2J. Hals. ijo. li. 5. Grey 133. And c\en in t ases of treason, fehm,>, and a hrearh of peace, to which [)riviloi;e does not extend as to suhstance, jet in parliament, a memher is jirivihjied as to llie mode of proceeding;. Tlie case is first to be laid before the house, that it Tiia.\ judge of the fact and of (he airounds of the accusation, and how far forth the matuier of the trial may concern their privilege. Otherwise it would be in the power of other branches of the Government, and even of every private man, under pretences of treason, itc. to take any man frtmi his service in the house, and so as many, one after another, as v\ ould make the house what he pleas- eth. Deer, of the Com. on the Kind's declaring Sir John H(»(ham a traitor. 4. Kushw. 580. So when a member stood indicted of felony, it was adjudt^ed that he oui^ht to remain of the house till conviction. For it may be any man's case, who is i^uiltless, to be accused and indicted of 10 PRlVlT.Eni. felony, or the like crime. 23. El. l.?80. D'Ewes, 283. col. I. Lex. Pari. iiS. When it \h found ruTcssary for tlic puMir sorvire to put a memluM* uinler arrrst, or when, on any public encjniry, matter comes out uliith may lead to affect the person of a member, it U the jiractiie immediately to a»(|uaint the house, that they may know the reasons for such a pro- ceecling, and take such steps, as they think pr(»per. 2 Hats. 2ii9. Of wliich see many examph's, Jb iZMi. i:->y. S,^S. But the c»)mmuuicalioii is subsequent to the arrest. 1. Blackst. 167. It is hi,2;hly expedient, says Hatsell, for the due preser- valiiuj of the privileges of the separate branches of the le- gislature, that neither should encroach on the otlier, or in- terfere in any matter depending betVue them, so as to pre- cluile^ or even influence that freed«»m of del)ate, \vhi( h is essential to a free council, 'I'iiey are therefore not tt> take notice of any bills or other matters depending, or of votes that have been given, or of speeches which have been held, bv the nu mbers of either of the other branches of the le- gislature, until the same have been communicated to them in the usual parliamentary manner. SJ. Hats. 252. 4. Inst. 15. Seld. .liul. Si'i. Thus the King's taking notice of the bill for suppressing soldiers depend ^ before the house, liis proposing a provisional clause tm a bill before it was presented to him by the two houses ; his expressifig dis- pleasure against some persons for matters moved in parlia- ment during the debate and preparation of a l»ill, were breaches of privilege. 2, Nalson, 74^^. a»»l i" ^7^'^* Deer. 17> it was declared a breach of fundamental privileges, &c. to report any opinion, or pretended opinion of the king on any bill or proceeding depending in either house of QUORUM, &C. 11 parliament, with a view to influence the votes of the mem- bers. 2. Hats. S.il, 6. SECTION III. Qnornm. — Tn general the chair is not to he taken till a quorum for hiisiuess is present; unless, after clue waiting, 8uch a (jiiorum he despaired of, when the chair may he ta- ken anil the himse a«Ij uirnt'd. And whenever, during business, it is o!)served that a quorum is not present, any meml)er may call for the house to lie counted, and being found deficient, business is suspended. S. Hats. 12j, 1^6. SECTION IV. Call of the Tfouse. — On a call of the TToose, each per- son rises up as he is called and answereth ; the absentees are then t)nly noted, but no excuse to l)e made till the house be lullv called over. Then the ahs< n'ees are call- ed a second time, and if still absent excuses are to be heard. Ord. U. Com. 93. Orders for calls on different days may subsist at the same time. 3 Hats. 7^« SECTION V. SpeaJcer. — When but one person is proposed, and no objcctiun made, it has not been usual in parliament to put any question to the H mse ; but without a question, the members projK'sing him, conduct him to the chair. IJut if there be objection, or another proposed, a question is put liy the clerk. 2. Hats. 158. As are also questions of adjournment, (i, (irey, 40t5. M'^here the house del)ated aud exchanged messages aud aubwers with the king for a JW 1^ ADDRESS, kc. week, willioiita speaker* till they were proro2;uefj|,a^^7\6M chosen, 1678, A()r. 15. ( ^^g 277. ' ' Sawyer beiuij; ill, Seymour chosen. J ^ Thorpe in execnition, a new Speaker chosen, 31 II. VL 3 Grey 11, and Mar. 14, l6iM', Sir John Trevor chosen. There have been no later instances, t. Hats. 16I. 4 inst. 8 L. Pari. 263. A Speaker may be removed at the will of the house, and a Speaker protempore appointed. :S, (irey 186. .% Grey, 134. SECTION VL Jlddress. A joint address of both bouses of parlia- ment is read by the Speaker of the li. of Lords. It may be attended by both hou^^es in a body, or by a committee from each house, or by the two speakers only. An ad- dress of the H. of Commons only, may be presented by the whole house, or by the speaker, 9rTrey473. 1 Chand- ler 298, 301, or by such particular members as are of the Privy council. 2. Flats. 278. SECTION VIL Committees* — Standing committees; as of privilege and COMMITTEES 13 elections, &c. are »isually appointed at the first meeting, to continue through tlie session. The person first named ia generally permitted to act as chairman. But this is a mat- ter of courtesy ; every committee having a right to elect their own chairman, who presides over them, puts ques- tions, and reports their proceedings to the house. 4. insi H, ia. Scob. 9. 1. (rrey, 1S2. At tiiese comittees the members are to speak standing and not silting : though there is reason to conjecture it was formerly otherwise. D'Ewes, 6iiO, col. 1, 4. Pari. hist. 440, 2. Hats. 77. Their proceedings are not to he published, as they arc of no force till confirmed by the house. Rushw. part 3. vol. 2. 74. 3. Grey 401. Scoh. 39 Nor can they re- ceive a petition but through the house, 9. Grey 412. When a committee is charged with an enquiry, if a mem- ber prove to be involved, they cannot proceed against him, but must make a special report to the House, whereupon the member is heard in his place, or at the bar, or a spe- cial authority is given to the committee, to enquire concern" ing him. 9, Grey, flii3. > So soon as the House sits, and a committee is notified of it, the chairman is in duty bound to rise instantly, and the member to attend the service of the House. 2, Nals. 319. It appears that on joint committees of the Lords and Commons, each committee acted integrally in the follow- ing instances. 7, Grey 261, 278. S?»9, 338, 1. Chandler, 3.'^7, 462. In the following instances it does not appear whether they did or not. 6 Grey, 129. 7 Grey, 213, 829, 32t. ■•'..I C ^4 COMMITTE OF THE WHOLE, SECTION IX. Committee of tfip w/rw/e.— The speech, messagfts «nd <)ther matters of gveat concernment, are usually referred to a committee of the whole hoiifie. 6 Grpy, 311. Where general principles are 4idrralion such a matter, naming it. If determined in the affirmative, he leaves the chair and takes a seat else- where, as any other member; and the person appointed chairman seats himself at the clerk's table. Scob. 30. Their quorum in the same as that of the house; ar»d if a cVfect hap ens, the chairman, on a motion and question, rises^tlw speak r resumes the chair, and the chairman can make uo other report than to inform the Hut an order, the bouse was ailjourned. The next day the committee uas considered as thereby dissolved, and the subject a- gain before the house ; and it was iledded in the house^ without returning into committee. 3 (^rey, 130. No previous question can be put in a committee ; nor can this committee adjourn as itthers may ; but if their bu? siness is unfinished, they rise ; on a question, the house if resumed, and the the chairman reports that the committee of the whole have, according (o order, had under their <:'nsideration smii a matter, and have made progress tiserc- in ; but not having had time to go thriiugh the same, hav^ directed him to ask leave to sit again. Whereupon i^ question is put on their having leave, and on the time whei^ the house will again resolve itself into a commit^e. Scob. 88. But if they have gone through the matter referred to tbem, a member moves that the cummlitee may rise and the 10 EXAMINATION OF WITNi:SSi:s. chairman report their proceeditigs to the, house, which be- ing resolved, the chairman rises, tiie speaiier resumes the chair, the chairman informs him that the committee have g< ne throiiS!;h the business referred to them, and that he is read)' to make report when the house shall think proper to rect (ve i. If the house have time to receive it, there is usually aery of < now, now,' whereupon he makes the re- port: but if it be late, the cry is < to-morrow, to-morrow,' or * on Monday, . 1744 — 5. Either house may request, but not command the attend- ance of a member of the other. Thev are to make the re- quest by messai;e to the other house, and to express clearly the purpose of attendance, that no improper subject ol ex- amination may be tendered to him. The house then gives leave to the member to attend, if he chuse it ; waiting first to know from the member himself whether he chooses io attend, till which thiy do not take the message into con- sideration. But when the |)eers are sitting as a court of criminal judicature, they may order attendance; unless where it be a case of impeachment by the Commons. Tiiere it is to be a request. 3 Hats. 17- 9, (irey 306, 406, 10. (irey 133 Counsel are to be heard only on private, not on public bills, and on such points of law only as the House shall direct .10, Grey 61. !• ARUANOKMENT Of IIUSINESS, kt. SECTION X. Arranj^emcvt nf Rimnoss. — The Sjicakcr is not pre- ci'^el.y Imund to an} rules as (o vviiat hill or other matter shall he first taken up, hut is left to his own discretion^ unless the house on a (|uestioii decide to take up a purlieu- arsuljject Hnkew. 13(5. A settled order of husinosa is, however, nerossary for the g;')verment of the presiding person, and tu restrain in- ilividual memhers from eallinii; up favourite measures, or matters under their special patro?iagf», out of their just turn. It is useful also for directing the discretion of the house, when they are moved to take up a particular matter, to the prejudice of others having priority of right to their at- tention in the general order of husines'-. In parliament * instances make order' per Speaker Ons- low. 2 Hats. HI. But what is done only hy one parlia- ment, ( ann(»t he called Custom of parliament by Pryune, i. Grey 52. SECTION xr. Order re.fppctins^ Papers. — The clerk is to let no jour- nals, record*, accounts, or papers to he taken from the ta- ble, or out of his custody. 3 Hats. 193. <9K Mr. Prynne having at a committee of the whole amend- ed a mistake in a hill without order or knowledge of the committee, was reprimanded. 1 Chand. 77- A hill l)eing missing, the house resolved that a protest- ation should he made and ftuhscribed hy (he m^mberM ?se(l, it is put into tlip speaker's Irnnds, and lie is nut to lut any one have it (o look. into. Tow n. col. »09. . SECTION XII. Order in Debate. — VV'irn (he speaker is seated in his clialr, every memer is to sit in his place. Scot). 0, 3. Grey 403. When any member means to speak, he is (o stand up in his place, uncovered, and to acbh'ess hiiTi^elf, not to the House, or any particular member, but to the Speaker, who calls him by his name, that the House may take notice who It is that speaks. Scob. 0. D'Ewes 187. Col. !, 2. Hats. 77. 4Grey6t5, 8. Grey 108. Hut members who are indisp:jsed may be indulged to speak sitting, S Hats 7i>, 77. l,Grey I9.r When a member stands up to speak, no question is to be put, but lie is to be heard, unless the House over rule him. 4 Grey 390. 3 Grey 6. 143. If two or more rise to speak nearly together the Speaker determines wiio was first upland calls him by name, where- up(m he proceeds, unless he voluntarily sits down and gives way to the other. Hut sometimes the house does not acquiesce in the speaker's decision, in w hich case the question is put ' which member w as first up ?' 3. Hats. 76» Scob. 7. B'Ewes 434. col. J . S. No man may speak more than once to t]»e same bill on the same day ; or even on another day if the debate be ad- journed. But if it be read more than once in the same day, he may speak once at every reading. Co* 13, \\^. Hak, 148. S<:ob. 58. S Hats. 73, Even a change of opinion S(» OADEU IN UKitATE. i1oc<9 not c;ive a ri{;lit to lit' licard a second time. Smj^tli CouiN*. L. i c. S, Vrran. Harl. I7. • IJut he ina,\ l>e permitted t(» speak ni;ain to clear a mat- ter of fact. .J, (ire^ 3;'i7, 410. Or merely lo explain him- self 2, Hats. yii. in some material |)art of iii-* speech, ib. 75. Or to the manner or words of the cjiiesiion, keeping himself to that ouiy and not travellinjj; into the merits of it. Memorials in llakew :iy. Or to the onlerH of the house if (hey he transi;ressed, keeping within that line, and not fallin*; into the matter itself. \Iem in Hakew. 30 31. But if the speaker rises to speak^ the member standing up ought to sit down, that he may be first heard. Town, col. a()5. Hale pari. 133. Mem. in Hakew. 30, 31. Nevertheless, though the speaker may of right speak to matters of order and be first heard, he is restrained from speaking on any other subject, except where the bitusc have occasion for facts within his knowldge ; then be may\ M itb their leave, state the matter of fact. 3. Grey 38. JSo one is to speak impertinently or beside the cpies- tion, superfluously or tediously. Hcob. 3 1, 33, a. Hats. 166, 168. Hale pari. 133. No person is lo use indecent language against the pro- ceedings of the house, no prior determination of which is to be reflected on by any member, unless he means to con- clude with a motion to rescind it. 2 Hats. I69, 170. Rush, p. 3, V. 1. fol. -IS. Hut while a proposition is under con- sideration, is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the liouse. 9C*rey, 508. -v. No person in speaking, is to mention a member then present by his name; but to describe him by his seat in the bouse, or who spoke last, or on the other aide of the % ORDER IN DEn\TE. 21 ijiioslion, &c. Mem. in Hake w. 3. Smytirs Comw. L. 2. c. 3. nor to dij^ress fi'oni the matter to fall upon the per- son. Scoh. 31. Hale pari. 133. 4. Hats. 460. Uy speak- ini5, reviling, nipping, or unmanneily words against a par- ticnlar memher. Smyth's Comw. L. 2*(, 3. Theconse- fjuences of a measure may he reprohated in strong terms; hut to arraign the motives of those who propose or advo- cate it, is a personality, and against order. Qui digredi- tur a materia ad personam, Mr. Speaker ought to sup- press. Ord. Com. IfiO^. Vpr. 19. No one is to disturb another in his speech by hissing, coughing, spitttng. 6 Grey, 332. Scob. 8. D'Kwes 333. col 1. GW). col. S. speking or whispering to another. Scoh. G. D'Ewes487. col. 1. nor stand up nor interrupt him. Town. col. 205. Mem. in Hakew. 31. nor pass be- tween the Speaker and the speaking member, nor to go across the house. Scob. 6. nor to walk up and down it; or to take books or papers from the table, or write there. 2 Hats. 171. Nevertheless, if a member finds that it is not the incli- nation of the house to hear him, and that by conversation, or any other noise they endeavour to drown his voice, it is his most prudent way to submit to the pleasure of the House, and sit down ; for it scarcely ever happens that they are guilty of this piece of ill manners without suflB- cient reason, or inattentive to a member who says any thing worth their hearing. 2 Hats. 77? 78. If repeated calls do not produce order, the Speaker may call by his name any member obstinately persisting in ir- regularity, whereupon the house may require the member to withdraw. He is then to be heard in exculpation^ and D u onm:n ih dkijatb. iu witlwlrJiw. 'I'lirn thr Spcuki^r stairs tlio, olTI'nre corn- mittf'd, hikI (he linii«i(; considi r4 tlin ilr^rcc of [iiitiihlirat'nt tlify will inflict, it Hats. 107, 7, 8, 175. For inHtniirofl of .issftultH and nft'iHjs in tlio House of Commons, ami ti e procciMlings tliereon. See i I'et. Alis. 8:J. 3 (irey, 1^. i (iiry, asj*^. 5 (»rey, 38si. Grey, «5k 10, («iey 8. >\ licneM'r warm wonN, or an awsanlt, liave passed iM'twcen meniF»ers, the house, for the |)rote( tion of tluir memhers, rrfjuires them todedare in their places not to pKHecute any (|ri.irrel. 8 (irey, 128, 2il3. ;"^ (irey, SSI), or orders then to attend the .Speaker, wiio is to accommo- date their diflerencesand rejiort to the Inmse. 3 (jJrey, 419. and they are [inl uniler restraint if they refuse, or until they do. 9(MTy 233, 312. Disorderly words are not to he noticed till the memher has finished his speech, fl (»rey, iW). Cirey, fiO. Then the person ohjt^ctin^ to them, and desirini; them to he ta- ken down hy the clerk at the tahle, must repeat them. Th« speaker then may direct the clerk to take them down in his minutes. But if he thinks them not disorderly, he delays the direction. If the call becomes pretty general, he orders the clerk t» take them down, as stated by the objecting; member. They are then part of his minutes, and when read to the offencTi 0,1; member, be may deny they were his words, and the house must then decide by a qucs tion whether they are his words or not. Then the mem ber may justify them, or explain the sense in which he used them, or apolns;ise. If the honsc is satisfied, no far- ther proceeding is necessary. But if two members still insist to Jake the sense of the bouse, the member musi ikithdraw before the questiuais stated, and then the; senur t)R\)KR IX DEBATE. S3 • r t of (lie lurtise h to !io talicii. 2 lints. 100. 4 Cirpy, 170; (jn\v, ftO. ^^ liiMi uiiy iiinultcr Iihm Mpukt'ii, or oilier Im- biiK'ss inttrvi'iicM. aflt-r oHViihivi* \\or(ls npokrii, tlu-y caii- iu»t he taki'ii notid* of for rt'tisiire. Ami i\\U \h for the common fi(>(urity of all, and to prevent iui<p(>n if words arc not taken down ininiediatfly. Formerly they mi^ht lie, taken down any time the same dny. S Ifats. 19'). xMcm. in Hakew. 71. a Urey, 4«. 9 Grey, fll4. J)i.sorderly words spoken in a commiltee must he writ- ten down HH in the house ; hut the committee can oidy re* port them to the house for animadversion. (»rey, M), In parliament to speak irrexerenlly or sediliously a- giinst the Kiiii;!^ against urder. Smyth's Comw. L.H.c. 3. 2 Hals. 170. It is a hreach of (irder in debate to notice what hns been said on the same s»d)ject in the other house, i»r the piirtif u- lar votes or majt>rities on it there ; l)e( au^e er has a i'tj:;ht to insist on any thing is where he calls for the execution of a subsist- ing order of the house. Here, there having been already a resolution any member has a right to insist that the Speak- er, or any other whose duty it is, shall carry it into execu- tion; and no debate or delay can be had on it. Thus an\ member has a riglit to have the house or gallery clear- ed of strangers, an order existing for that purpose ; or to have the house told when there is not a quorum present. 2 Hats. 87, 1^9. How lar an order of the house is bind- ing, see Hakew. 393. But where an order is made that any particular matter be taken up at a particular day, there a c^uestion is to be put when it is called lor, whether the house will now pro- ceed to that matter? \\ here orders of the day are on im- portant or interesting milter, they ought not to be proceed- ed on till an hour at which the house is usually full. Orders of the day may be discharged at any time, and a rew one made for a different day. 3 (xrey, 48. 3t3. Whe . a session is drawing to a close, and the import- ant bills are all brought in, the house, in order to prevent je6 l^KTITIOXS, kt. interruption by further unimportant hills, sometimes vumc to a resohition that no new hill he brought in, except it lie sent from the ->ther house, 3 («rey. 1.7f>. All orders of the house determine with the session ; and one taken under surh an order may, after the session is ended, be dischar;:;t'd on a habeas corpus. Rym. (50. Ja- cob's Ji, 1). by lluffhead. Parliament, 1 Lev. I6j. Prichards case. SECTION XIV. Petitions. — A petition prays something. A remon- strance has no prayer. 1 G rey, 58. Petitions must he subscribed by the petitioners. Scob. 87. L. Pari. c. 22. 9 drey, 3()3. unless they are at- tending. 1 Grey, 401. or unable to sign, and averred ?jy a member. 3 Grey, 118. The averment of a member or of somebody without doors that thry know the hand wri- ting of the petitioners is necessary if it be questioned. Grey, 36, It must be presented by a meml»rr, not by tlje petitioners, and must lie, opened by Iiim, holding it in his hand. 10 Grey, ,'57. Regularly a motion for receiving it must be made and seconded, and a question put whether it shall be received ? But a cry from the house of * received,' or even its silence, dispeuM's with the formality of this question, it is then to be read at the table and disposed of. SECTION XV. •Motions. — When a motion has been made, it is not to be put to the question nor debated until it is seconded* Scob. 31. RESOLUTIONS, M1LI.9, &C. «7 It is then and not till then in possession of the house, and cannot be withdrawn lint by leave of the house. It ii* to Im*, put into writing, if the Uor^se or Speaker require it, and must be read to the House by the Speaker as often as any member desires it for his informfition. 2 Hats. 83. It might be asked wliether a motion for adjournment or for tiie orders of the day can oe made by one member while another is speakinu;? It cann«)t. When two mem- bers offer to speak, he who rose first is to be heard, and it is a breath of order in another to interrupt him, unless by calling him to order, if lie departs from if. And the ques- tion of Older being decided, he is still to be heard through, call for adjournment, or for the order of the day, or for the A question, by gentlemen from their seats, is not a motion. Zio motion can be made without rising and addressing the chair. Such calls are themselves breaches of order, which though the member who has risen may respect, fis an ex- pression of the impatience of the bouse against further de- bate, yet, if he chooses, he has a right to go on. SECTION XVI. Jlesolutinns. — When the house commands, it is by an border.' But facts, principles, their own opinio^-, and purposes are expressed in the form of resolutions. SECTION XVII. Bilhy Leave to bring in. — AVhen a member desires to bring in a bill on any subject, he states to the house in gen- eral terms, the causes for doing it, and concludes by mov- ing for leave to bring in a bill entitled, &c. Leave being given, on the question, a committee i^ appointed to pre- 28 HILLS, FIRST Sr.CONli HEADING. pare aiul bririii; in the hill. The mover aiul seconder aro always jip|)«nnte(l of tiiis committee, and one or more in addition. Ilakew. 13^. Scoh. U). It is to be presented fairly written, without any erasure or interlineation, or the Speaker may refuse it. Scob. 41. 1 Grey, 8^, 81. SKCTION XVIII. Bills, First Tiendins; — When a bill is first presented, the clerk reads it at the table, and hands it to the Speaker, who, risini:;, states to the house the title of the bill, that this is the first time of readina; it, and the question will be whether it shall he read a second time? Then sitting ions, if none be made. ►pen I »J' he rises a^ain and puts the question whether it shall be read a second time? Hakew. 1:^7, 141. A bill cannot be amended at the first reading. 6 Grey, 286. nor is it usual for it to be opposed then : but it may be done and rejected. D'Ewes, 33j. col. 1. 3 Hats. 198. SECTION XIX. Bills, Second Jieadini^. — The second reading must re- gularly be on another day. Hakew. 14^i. It is done by the clerk at the table, who then hands it to the Speaker. The Speaker, risino, states to the house the title of the bill, that this is tlie second time of reading it, and the question will be w hether it shall be committed, or engrossed and read a third time ? But if the bill came from the other house, as it always comes engrossed, he states that the question will be whetlierit shall be ri'ad a third time? aud before he has so reported the state of the bill; no one is te speak to it. Hakew. 143, 1 16. BILLS, COMMITMENT. 99 lal st re- by aker. bill, stion and other the is ta SECTION XX, ; BillSf Commitment. -^U on motion and question it be decided that the bill shall be committed, it may then be moved to be referred to a committee of the whole bousCi or to a special committee. If the latter, the Speaker pro* ceeds to name the committee. Any member also may name a single person, and the clerk is to write him dowD as of the committee. But the house have a controuling power over the names and number, if a question be moved against any one, and may in any case put in and put out whom tliey please. Those who take exceptions to some particulars in the bill are to be of the committee. But none who speak directly against the body of the bill. For he that would totally destroy, will not amend it. Uakew. 14tf. Town, col. 308. D'Ewes, 6^4, col. 2. Scob. 47. or as is «aid, 5 Grey, 14£r, the child is not to be put to the nurse that cares not for it. 6 Grey, 373. It is therefore a con* stant rule < that no man is to be employed in any matter who has declared himself against it' And when any member who is against the bill hears himself named of its committee, he ought to ask to be excused. Thus March 7^ 1606, Mr. Hadlev was, on the question's being put, ex- cused from being of a committee, declaring himself to be against the matter itself. Hcob. 46. The clerk may deliver the bill to any member of the committee. Town. col. 138. But it is usual to deliver it to him who is first named. In some cases the house has ordered the committee to withdraw immediately into the committee chamber, and act on, and bring back the bill, sitting the house. Hcob. 48. A committee meets when and where they please^ if the E so IMlA.Sf COMMllMrNr. bouse has Dot onlcrtMl time and place for them, 6 fire^, 3/0. Hut lljey can only act vvlien loi^etlier, and ?iot by se- parate (onRultalion and consent, notbins; beinj; tiie report of the committee but what has been agreed to in committee /(,. actually assembled. m. . • ^ • ^ »«■ .- A majority of tbc committee constitutes a quorum for business. hUyn;:5e's metiiod of I'assina; bills, 1 1. Any member of the boine may I.e present at any select committee, but cann«»t vote, and inu«ptiMl by the Hoitau^ bland of course, unless altered, or struck out hy a vote. Even if they are opposed to the whole paper, and thnik it cannot be made good hy amendments, they cannot reject it, hut must report it back to the house without amendments^ and there make their opposition. The natural order in considering and amending any paper is, to begin at the be- ginning, and proceed through it hy paragraphs ; and thiii order is so strictly adhered to in parliament, that when a latter part has been amended, you cannot recur back and make any alteration in a former part. 2 Hats. 90. In nu- merous assemblies this restraint is doubtless important. To this natural order of beginning at the beginning, there is a single exception found in parliamentary usage. When a bill is taken u|) in committee, or on its second reading, they postpone the preamiile, till the other parts of the bill are gone through. The reason is that on consider- ation of the body of the bill such alterati>^ ,\,,\x. The committee may not erase, interline or blot the bill itself; but must in a paper by itself, set down the amend* meats, stating the words which are to be iaserted or omit- 82 RfiPORT OF COMMITEE. ted. Scoli. no, and where, by references to the page, line and word of the bill. Scob, 00. ,. SECTION XXI. Btport of Committee. — The chairman of the commit- tee, standing in his place, informs the house that the com- mittee to whom was referred such a hill, have according to ordnr, had the same under consideration, and have direct- ed him to report the same without any amendment, or with sundry amendments, (as the case may be) which he is rea- dy to when the house pleases to receive it. And he, or any other may move that it be now received. But the cry of , whether it shall be engrossed and read a third time? The Speaker reads sitting, hut rises to put ques- tions. The clerk stands while he reads. The bill being now as perfect as its friends can make DII.L^ SECOND READING IN THR HOUSE. -09 *i' u, this is the proper 8ta;;e for those funcbinicntally oppog- ctl, to make their fiiMt attack. All attem|)ts at earlier pe- riods are with disjointed ciTorts ; because many who do not expect to be in favour of the bill ultimately, are willing to let it go on to its perfect state, (o take time to examine it themselves, and to hear what can be said fur it; knowing that, after all, they will have sullicient opportunities of givinn; it their veto. Its two last stages therefore are re served for this, that is to say, on the question whether it shall be read a third time? And lastly whether it shall pass? The first of these is usually the most interesting contest; because then the \^holc subject is new and en- gaging, and the minds of the members having not yet been declared by any trying vote, the issue is the more doubt- ful. In this stage therefore is the main trial of its strength l>etween its friends and opponents : and it behoves every one to make up his mind decisively for this question, or he looses the main battle; and accident and management may, and often do, prevent a successful rallying on the next and last question whether it shall pass? When the bill is engrossed, the title is to be endorsed on the back; and not within the bill. Ilakevv^, SuO. SECTION XXVI, Reading Papers. — Where papers are laid before the House, or referred to a committee, every member has a right to have them once read at the table, before be can be compelled to vote on them. But it is a great, though com mun error, to suppose that he has a right, toties quoties, to have acts, journals, accounts or papers on the table read independently of the will of Ihe House. The delay and interruption which this might be made to produce, evince RBADIKR PAPKRM. — PRIVILRGED Q!JF.STI0N<«. the impoflnibility of the exintence of iuch ri{;lit. There ia indeed ho manifeflt a pmpriety of permitting every mem- her to have an much inTormatlun as ponsible on every queg- tion on which he is to vote, that when he de^ircM the read- ing, if it be fieen that it is really for information^ and not for delay* the Hpeaker directs it to be reatl wiihout put tins; the question, if no one objects. But if objected to, a question roust be put. H, Hats. 117,118. It is equity an errror to suppose that any member has a right without a question put, to lay a book or paper on the table, and have it read, on suggesting that it contains mat- ter infringing on the privileges of the house, ib. For the same reason a memlier has not a right to read a paper in his place, if it be objected to, without leave of the house. But this rigour is never exercised, but where there is an intentional or gross abuse of the time and pa tience of the House. A member has not a right even to read liis own speech, committed to writing, without leave. I'his also is to pre- vent an abuse of time ; and therefore, is not refused, but where that is intended. S Grey, S9I(. 11 y Formerly when papers were referred to a committee, they used to be first read : but of late, only the titles; un- less a member insists they shall be read^ and then nobody can oppose it. 8 Hats. 117 SECTION XXVII. Privilpgpd ^uestions.'^li is no possession of a bill un- less it be delivered to the clerk to be read, or the Hpeaker reads the title. Lex. Pari. $74. £lsynge mem. 96. Ord. House of Commons^ 64. PRIVII-RGF.D UUKSTIONS. 37 It is a pcncral r\\\v lliat IIipijiicsikui first mnveil and sc- rondi'd shall lie fir-t |uit. Hcoli. iH. 2ii. •: HaN. HI. Rut thi»< rult" j^ivrH way to wimt iimy Uv calle<< plaoo nf all otliors; for otherwise tlir. House niit^tit he kept siitin;; a^:iinst itti will, and Indefinitely. Yei this motion < annot lie receiv- ed after another question is actually put, aud w hile the House is en^a<;ed in vutin<;. Orders of the day take place of all other c|uestions, ex- cept for adjournment. That is to say the question which 19 the subject of an order is made a privile^i'd one pro hac vice. The order is a rcfieal (d'the i:;enerai rule as to tliis special case. W hen any meraher moves therefore f»)r the orders of the day to he read, no further debate is peruiitled (»n the questitm which was before the house ; for if the debate might proceed, it mi^ht continue throus;h the day and defeat the onlei-. This motioi.> to entitle it to precedence, must be for the orders s;pnerally, and not for any particular one ; and if it be carried on the ques- tion, * whether the house will n(»w proceecl to the orders of the day,^ they must be read aud proceeded on in the course in which they stand. 2 Hats. 88. For priority of order ^ives priority of ria;ht, which cannot be taken away but by another special order. After these there are other privilesjed questions which will require considerable ex- planation. It is proper that every parliamentary assembly should have certain forms of question so adapted, as to enable them fitly to dispose of every proposition which can be made to them. Such are 1. The Previous Question. S. 38i iMilVlLKGEU UlIESllONS. To postpone UMlefinifcly. 3. To aiijourn a question to a definite day. 4. To lie on. the table. 5. To commit. 6. To am(>niL The proper occasion for each of these ques- tions sh.Mild bb understood. v 1. When a proposiiiv ■•■ is moved, which it is useless or inex|)edient now to express or discuss, the previous ques- tion has t)een introduced for suppressing; for that time the motion and i'l discuhsfon. 3, Hats. 188, 189. S. But as the Fr. Qu. get« thI of it only for that day, and the same proposition may recur the next day, if they wish to suppress it for the whole of tiiat session, they post- pone it indt finitely, 3 Hats. 183. Tils quashes ttie pro- position for that session, as an indefiitite adjournment is a dissolution, or the continuance of a &uit sine die is a dis- continuance of it. 3; When a motion is made which it will be proper to acton, but inf< rmation h wanted, or something more press- ing claims the present tim^, the question or debate is ad- journed to such a day within the session as will answer the views of the. House. 2, Hat^i. 8t^ And those who have spoken before may not speak again when the adjourned delate is resumedi S Hats. 73« Sometimes however, this baa been abusively used by adjourning it to a day beyond tlie session, to get rid of it altogether, as would be done by hQ indefinite postponement. 4f* When the House has something else which claims its present attentioiv^ l>ut would be willing to reserve in their power to take up a pro|>osiiion whenever it shall suit tliem, they tuder it to lie «n the table. It may then be called for at any tii^e. 5>a PRIVILKGED QUESITONS. m a. If the {imposition ^viU want more lim^ndmont and (]ip;estioii tiian the rorinaliliesof the house will convenietit- Iv admit, they refer it to a committee. 6. But if the prop(»sition will he digested and may need but few and simple amendnieLt-*, a ? ! e irevious question, commitment or amendment. Hup^G /.e ft commitment moved of a motion for the pre- vious question, or to postpone or amend. The Ist^ 2d, and 3d reasons before stated all hold good against this. Suppose an amendment moved to a motion for the pre- vious question. Ans>'\er: The previous question cannot b" amended. Parliamentary usage has fixed its form to r e < Shall the main question be now put' ? i. e. at this iu- 41^ 48 fRlVILEliED QUESTIONS. stant. And as the present instant is but one, it can admit ofuo modificatiun. To cliange it to tomorrow, or any other moment, is without example, and witliout utility. But suppose a motion to amend a motion for postponement ; as to one day instead of another, or to a special instead of a definite time. The useful character of amendment gives it a privilege of attaching itself to a secondary and privi- leged motion. That is, v/e may amend a postponement of « main question. So we may amend a commitment of a main question, as by adding, for example < with instruc- tions to enquire, &c.' In like manner, if an amendment be moved to an am^ vlment, it is admitted. But it would not be admitted in a.. r degree; to wit, to amend an amendment to an amentiraeiit, of a M. Q. This would lead to too much embarrassment. The line must be drawn somewhere, and usage has drawn it after the amendment to the amendment. The same result must be sought by deciding against the amendment to the amendment, and then moving it again as it was wiathed to be amended. In this form it becomes only an amendment to an amend- ^ r&tiir^fe '•bk^ ^ the rule of parliament v^gg^ privileges the smallest sum and longest time. 5 (^rey, 179. S Hats. 8t, 83. 8 Hats, 132, 133. And this is considered to be not in the form of an amendment to the question; but as alter- native, or successive originals. In all cases of time or number, we must cou'^ider whether the larger comprehends the lesser, as in a question to what day a posponement shall be, the namber of a committee, amount of a fine, term of an imprisonment, term of irretleemabilitj of a loan, or the terrainui in quem, in any other case. Then the ques- iimk must begin a maximo^ Or whether the lesser con- fltlVILEOKD QUESTIONS. M eludes the; greater, as in questidns on the limitation of the rate of interest, on what day the session shall be closet' by iidjourninent, on what day the next shall connoence, when nil act shall commence, or terminus a quo in any other case where the question must begin a minimo. Tlie ob- ject being not to begin at the extreme, which, and more, being within every man's wish, no one could negative it, and yet, if he should vote in the affirmative, every ques- tion for more would be precluded ; but at that extreme which would unite few, and then to advance or recede till you gi^t to a numlier which will unite a bare majority. 3^ Grey, 37^^ 384«, 385. " The fair question in this case is not that to which and more all will agree, but whether lhe»€ shall be addition to the question''. 1 Grey, 363. . Another exception to the rule of priority is when a mo- tion has been made to strike out, or agree to a paragraph- Motite, as Hati^ell advi- «%.» P ses, that the main question benow put, with a view to moveitagain in an amended form. The enemie«* to the main question, by this manoeuvre of the previous question, get the enemies to the amendment added to them on the first G 46 piirvioi.'s QUE8riov. vote, and throw the friofids of llie main question under ilie embarriissinent of nillyini; agtiii as they can. To sup- port his oiiinion loo, he makes the de( idiui; cirrumstaucC) whether an amendment may ur mav not he male, to be that the previous (juestion has heen proponed from the chair. But as the rule is that the House is in possession of a ques- tion aa soon as it is movrd and sec.onch'd, it cannot he more than possessed of it l»y its heins; aUo proposed from the chair. It ntay he said indeed, tliat the object of the pre- vicms question hein^ to <;et rid of a question, which it is not expedient shouhl be discussed, this object may be de- feated by Diovin<; to amend, and, in the discussion of that motion, invtdvini; the sulijecl of the main question. Kut so may the object of the previous question be defeated by moving the amended question, as Mr. Matsell proposes, after the decision a<^ainst putting the original question. He ai knowledges too tliat the practice has been to admit previiuis amendment, and only cites a few late instances to the contrary. On the whole 1 should think it best to de- cide itab inconvenienli, to wit, which is most inconvenient, to put it in the power of one side of the house to defeat a proposition by hastily moving the previous question, anil thus forcing the main question to be put unamended ; or to put in the power of the other side to force on, incidentally at least, a discussion which would be better avoided? Perhaps the last is the least iiiconvenience ; inasmuch as the Speaker, by confining the discussion rigorously to the amendment only, may prevent their going into the main question, and inasmuch also as so great a proportion of the cases in which the previous question is called for, are fair and proper su!>jects of public discussion, and ought not to be obstructed by a formality introduced for ques-, tious of a peculiar character. AMRNOMKNTS. *7 sKcrioN x\ix. JhitrnrinifutH. — On an nnu'ndmerit hciiip; mnvriKa mom- \wr \\ ho lian spoken to tlir main (puvstion may speak agaiti to iho amendment. S(o!». S3, If an iimendmenl l»e proposed inconsistent with one al- ready ai^reed ti). it is a fii j^ronnd for itn rejectitjn liy the lloM'^e ; hut not within the (onipeence u\' the Speaker to snppresN as if it were ai:;.unst order. For were he jier- mitted to draw (piestions of cnnsistenre within the vortex of ord«'r. he miiijiit usurp a nej^ntiveon important modifira- tions, and suppress, instead of subseiving the legislative uill. Amendments may be made so as totally to alter the na- ture of the proposition ; and it is a way of gettini; rid of a proposition, by makini; it hear a sense different from what was intended by the movers, so that they vote against it themselves. 2 Hats.7«J. 4, 82, 8I-. A new bill may be Ingrafted by way of amendment on the words * be it enact ed, &r.' I (irey, liiO, 19^. If it be proposed to amend by leaving out certain words, it may be moved as amendment to this amendment to leave out a part of the words of the amendment, which is equiv- alent to leaving them in the bill, jji Hats. 80, 9. The par- liamentary question is always whether the words shall stand part of the bill? When it is proposed to amend by inserting a paragraph or part of one, the friends of the paragraph may make it a« perfect as they can by amendments, before the question is put for inserting it. If it be received, it cannot be a- mended afterwards, in the same stage; because the house has on a vote, agreed to it in that f<»rra. In like manner if it is proposed to amend by striking out a paragraph, the ! 'k 4» AMb;NDMKN18. ' fii«"n(l8 of the |jarf\£;raplj am first to malic it tis perfect as they can hy amend rnciits, before the queHtioa is pui fur striking it out. If on the question it be retained, it can- not be amended afterwards : because a vote against stril;- ing on* is equivalent to a vote agreeing to it in that form. When it is moved to amend, Uy striking out certain words, an( idcd li} tlie House on aciiiestiou: unless the house orders it to he diviih'd : a« on the question Dec. 2, lOKJ, makini; void the election oftiie ni^iitH fur Worcester, on a motion it was rescdved, to make two questions of it, to wit, one on earii kfiij^ht. 8 Hals. H3, 81). So w herever there are several names in a question, they may he ilivided anil j)ut one hy one. i> (irey 4tk Ho 17iiy, April 17* on an ohje( tion that a (piestion was complicated, it was separated I)y amendment. S Hats, 79, 5. SECTION XXXI. Co-exiKtins; QiiPf<1io)i.H. — It may he asked whether the House can he in possession of two m(Ui(tns or pro|)ositions at the same time? So that, one of them liein;; derided, the other j2;oes to tpiestion w ithout heing moved aru'w ? The answer mu«y the order of the day. Such other privileged questions also as dis- pose of the main question (e. g. the previous question, postponement or r immitment) remove it from heHue the house, Hut it is only suspended hy a motion to amend, to withdraw, to read papers, or l»y a question of order or privilege, and stands agiin hefore the hou-e when these are decided. None but the class of privileged questions EQUIVALENT QtESTrONS. Oi can lie l»rnu;:;lit furwrnd while tliore i^ anotlirr qtiofltiou licfore tlin liotme, the rule licinL, timt when h motion has heeii made nnd seconded, nu uiher caa he receded; ex- ce|[)l it hu a |ii'iviU'gi-d one. sfic rioN XXXII Kqmvalent Qupsitinns. — If, on a (piosiion for rejection, a hill he retained, it passes of course to its next readiii:;, li'kew. 141. Scoh. 42. And a questiim for a setnnd reading, determined nes;atively, is a rejection Milhout farther cjuestion. 4 Urvy 149. And see Elsyni;e'» nic- mor 4::^. in w hat cases questions are to he taken for re- jection. ^^ Where questions are perfectly equivalent, so that the negative of the one amounts to the affirma*i of the other, and leaves no other altern?»tive, the deci'^ion of the one concludes necessarily the other. 4. (»rey. l."^"^. Thus the negative of striking out amounts (o the affirmative of agreeing; and therefore to put a question on agreeing after that on striking out, would he to put the same, ques- tion in effect twice over. Not so in questions of amend- ments hetween the two houses. A motion to recede heing negatived, does not amount to a positive vote to insist, be- cause there is another alternative, to wii, to adhere. . i A bill originating in one house, is passed by the other with an amendment. A motion in the originating Vl^use to agree to the amendment is negatived. Does there re- sult from this a vote of disagreement, or must the question on disagreement be expressly voted ? The questions res- pecting amendments from another house are, 1st. to agree, 3d disagree, 3d recede, 4tli insist, 5th adhere.. THE QUESTION*. ''";i 1st, To a^c. 8d, To disagrett. Kither -^f these con- cludes the other necessarily, for the poMitiv? of either is exa( lly the equivaleAt of the ne|^ative of the other, and no other alternative remains. On eifher motion amendments to the amendment may be prop-sed, e. g. if it he moved to disagree, those who are for the amendment have a rii;ht to propose amendments^ and to make it as perfect as they can, before the question of disai^reeing is put. 3d. 1*0 recede. You may then either insist or adhere. 4th. To insist. You may then either recede or adhere. 5tb. To adhere. You may then either recede or insist. Consequently the negative of these is not equivalent to a positive vote, the other way. It does not raise so ne- cessary an implication as may authorise the Sfientm^' by inference to enter another vote : for two alternatives still remain^ either of which may be adopted by the house. SECTION XXXIII. The (luestion. — The question is to be put first on the. affirmative, and then on ♦he netjative side. After the Speaker has put the affirmative part of the question, any member who has not spoken before to the question, may rise and speptk before the negative be put. Becrruse it is no full question till the negative part be put. ScobaS. SHats 73. ' > ' But in small matters, and which ::; of course, such as receiving petitions, reports, withdrawing motions, reading papers, &c. the Speaker most commonly supi>oses the consent of the house, where no objection is expressed, and do**s not give them the tmuble of pn'^^ting the question for- mally. Scob. 32. S Hats. 79. 2. 87. © Grey. 1S9. 9 Grey. !»' o 01. BfLLS, THIRD READINe, 69 Img SECTION XVXIV. Bilh, Third lleadias;. — To prevent hills from being passed hy surprise, the house \)\ a st;indiiig onlor ('lirects that they siiall not l>e pat on their passage before a fixed hour, naming one at which the house is co*mmonly full* Hakew. Ii3. A bill reported and passed f) tl>e 3d reading cannot on that day be read the 3d tl^e and passed. Because this would be to pass on two readings in tiie same riay. At the 3:1 readins: the clerk reads the bili and delivero it to the Speaker, who states t!ie title, that it is the third time o<^ reading (he bill, and that the question will he wh ither it shall pass? Korm M'ly the Speaker or those who prepared a bill, prepared also a breviate or summary statement of its contents, which the speaker read when he declared the state of the bill, at the several readings. Sometimes however, he read the bill itself, especially on its passage. Hakew. 13(i, 137, 153. Cok<^, 2!^, 119. Lat- terly, instead of this, he, at the third read'ng^ states the whole contents of the bill verhatim, only instead of read- ing the formal parts, ' Be it enacted, &c,' he states tiiat ' the preamble recites so and so — i\\i 1st section enacts that, &c. the 2d section enacts, &c.' A bill on the 3d reading is not to be cuiumitted for the matter or body the.rcckf ; but to receive some particular clause or proviso, it hath been sometimes suflFered, but as a thing very unusual. Hakew. 156. Thus 27 El. 1584. a bill was committed on the third reading, having been for- merly committed on the 2d, but is declared not usual. D'Ewes 337, col. 3. 414, col. S. When an essential provision has been omitted, rather than erase the bill, and rentier it suspicious, they add a H Ji BILLS, IIIIIU) READING. clause on a separ.ito paper, rns^rossod and rallcil a ii^dii. w hith is read and put <•> tlie question tliree times. Ei- sv nine's memorials 59. f«rey, 33.">. 1 lilackst. 183. For examples otjvders see 3 Hats. 151, 122, 121-, 120. Ev- ery one is Ml lihei'ly to bring iu a ryder without asking leave. 10 (»iey, 5;3. It is laid down as a genera,! rnle that amendments pro- posed at the 2d reading siiall Ijrt twice read, and those pro- posed at the 3d reading thrice read ; as also all amend- ments from the other house. Town. col. 19> 2-), 31, 25, 20, 2^,23. ) ^», .- »., - ^ •r, • It is M ith gieat and almost invincihle reluctance, that, amendments are admitted at this reading which occasion erasuies 'jr interlineatitms. Ijometimes a proviso has been cut off from a hill ; sometimes erased, y Grey, 513. This is the proper stage for iilling up blanks ; for if til- led up before, and now altered by erasure, it would bo peculiarly unsafe. At this i-cading the !)ill is debated afresh, and for the most part is more spoken to, at this time, than on any of the former readin2:s. Hakew. 1;'53. The del)ate on the question whether it should be rciad a third time ? has discovered to its friends and opponents the arguments on which each side relics, and which of these appear to have influence with the house ; they have had time to meet them with new arguments, and to put their old (uies into new shapes. The former vote has tried the strength of the tirst opinion and furnished grounds to estimate the issue ; and the question now offered for its passage, ist he last occasion which is ever to be offered for carrying or rejecting it. pii o DIVISION OF THK HOUSE. 00 When the dobate i!» tMiiUrcL ihf Speaki'i, holding; (ho hill i\er of the ayes, 'All those of the cootrary opinion say no.' Hakew. 1 j4. After the bill is passed, there can he no further altera- tion of it in any point. llakcNV. liril. SECTION XXXV. Division of the House. — The affirmative and nopjalive of the question havini; been both put and ansvvere<], the Speaker declares whether the feasor Nays have it by the sound, if he be himself satisfietl, and it stands as the ju subject to many exceptions & modifications. 2 Hats. I3+. 1 Rush, p. 3, fol. 92. Scob. 43, 53. Vu. 12, 11(5. D'Ewes, 505, col. 1. Mem. in Hakew. S5, 29. The one party being gone forth; the speaker names two 56 b[VlfelON OF THK HOUSE. tellers from tlieaflRrmative. nut] tuo from tlie lU'^^yfive side, who first coutjl tliosi' «iitii»^ in t'le Ho«ise, and rt^port llie numlM*r to the SpeakiT. Thru they jdace themselves with- in the door, two on each side, and nmnt those who went fortli, as they come in, and report the number to the Speak- er. Mem. in Hakew. -26. A mistake in the report of the tellers may he rectified after the report made. 2 Hats. 113 note. In the Honseof Commons every meml)er must give his vote the one way or the other. Sctd). 21. As it is not per- mitted to any one to withdraw who is in the House when the question is put, nor is any one to he toWl in the divi- sion who was not in when the question was put. 2 Hats. This last position is always true when the vole is by yeas and nays; where the ne£;ative as well as affirmative of the question is stated iiy tiie Speaker at the same time, and the vote of Ix-th sides bf'f:;ins and proceeds [)ari passu. It is true also when tlie question is put in the u>;iial way, if the negative has also been put. Hut if it has not, tiie member enterins;, or any other memlier may speak, and even propose amendments, by which the debate may be opened a2;ain, an IleconaJdprafimi. — In Parliament, a question once car- ried cannot be questioned again, at the same session ; !)ut must stand as the judgment of the House. Towns cuH* 58 RECONblDEUATlOX. ;» 1 1 67. Mem. in Hakew. 33. And a Jiill once iTJj'cted, a another of the same snbstancc cannot he l)ron2;ht in aj;ain the same session. Hakeu. 158. G(»ri'y, 31U. Unt ihis docs nut extend to prevent pnttlni; the same f|n('stinn m different stages of a hill ; heca«ise every stai;e of a hill suh- inits the whole and every part «»f it to the opinion of the Honse, as open for amendment, eitlier l>y insertion or 0- mission, though the same amendment has been accepted or rejected in a former stagv^». So in reports of committf es, c. g. report of an address, the same questi«)n is before the house, and open for free discussion. Towns coll 20. 2 Hats. 98, 100, 101. So orders of the House, or instruc- tions to committees may be discharged. So a bill, begun in one House, sent to the other, and there rejected, may be renewed again in that other, passed and sent back. ib. 92. 3 Hats. 1(51. Or if, instead of being rejected, they read it once and lay it aside, or amend it, and [)ut it off a month, they may order in another to the same effect, with the same or a different title. Hakew. 97", 98. Divers expedients are used to correct the effects of this rule; as by passing an explanatory act, if any thing has been omitted or ill expressed, 3 Hats. ^78? w an act to en- force and make more effectual an act, &c. or to rectify mis- takes in an act, &c. or a committee on one bill may be in- structed to receive a clause to reclifv tlie mistakes of auoth- cr. Thus, June -24, 168.), a clause was inserted in a bill for rectifying a mistake committed by a clerk in engross- ing a bill of supply. 2 Hats. 1 94, 0. Or the session may be closed for one, two, tlu-ee or more days, and a new one commenced, l^ut then all matters depending must be fin- ished, or they fall, and are to begin de novo. 2 Hats. 94, to 98, Or a part of the suhject may be taken up by ano- BILLS SEN1 TO THE OTHER HOUSE, &C. 59 c5 Iher bill, or taken n[) in :i (liflerent way. 6 Grey. 304', 3(6. And ill cases of llie last tnii^nitude, this rule lias not been so st.'iotly anil verbally observed as to stop indispen- sable proceedings aU'\j;ether. 2 Hats. 92,98, Thus when the address on the \ 'liminaries of peace in 1782^ iiad been lost by a majority of one, on account of the import- ance of the (inestion, and smallness of the majorify, the same question in sulistance tiiough with some words not in the first, and which might ciiange the opinion of some members, was brought on again and carried ; as the mo- tives for it were thought to outweigh the objection of form. 2 Hats. 99, UK). A second bill may l)c passed to continue an act of the same session ; or to enlarge the time limited for its execu- tion. 2 Hats. 93, 9S. This is not in contradiction to ilie first act. SECTION xxxviir. Bills sent to the other House. — A bill from the other house is sometimes ordered to lie on the table. S Hats. 97- When bills, passed in one house and sent to the other, are grounded on special facts requiring proof, it is usual either liy message, or at a conference, to ask the grounds and evidence; and this evidence, whether arising cut of papers, or from the examination of witnesses, is immedi- ately communicated. 3 Hats. 48. ' - \ sEcrnoN xxxix Amendments betireen the Houses. — When either House, c. g. the House of Corammons, sends a bill to the other, the other may pass it with amendments. The regular progression in this case is that the commons disagree to 60 AMENDMEXTS BE IWEEN THE HOCSEg. the amrmlinent ; tlie LoriN insist on it ; the Commons in- am nn tli(*ir fliMa<;n>eni(>iit ; the Lords ndheiT to their a- mrndinent ; the Commons .idhere to their disaj;reement. The term of inHislins; may he repeated as often aw tiicy chiMwe, to keep the «|UCstion open. Ihit the first adher- ence by either renders it neeessary for the other to recede or adhere also; when tl»e matter is nsually wufl'ered t(» fall. 10<»rpy, 14H. Latterly however tht^re are instances of their having; i?one to a second adherence. There ranst be an absolute conclnsion of the snbject somcvvhere, or other- wise transactions bet*veen the I looses would become end- less. 3 Hals. ^()S, Z7(). The term of insistins;, we are told by Sir John I'revor. was then (1079) newly introdu- ced into parliiimentary nsasie. hy the Ijords. 7 ^^»*P.y> 94. It was certainly a happy innovation, as it mnttiplies the opportiinities u\' trying modifications which may brin^i; the houses to a concurrence. FJtlier house however is free to pass over the term of insisiini;, and to adhere in the first instance. 10 Grey, 1M5. But it is not respectful to the other. In the ordinary parliamentary course, there arc two free conferences at least before an adherence. 10 Grey 147. V- •• . ^ ■ . Either house may recode from its amendment and agree to the bill ; or recede from their disagreement to the a- mendment, and agree to the same absolutely, or with an amendment. For hero, the disagreement and receding des- troy one another, and the subject stands as before disa- greement. Elsynge. 2J3, 2/. y (ivv\, 47t5. But the House cannot recede from or insist on its own amendment, with an amendment : for the same rea- son that it cannot send t(» the other House an amendment to its owu act after it has passed the act. They may mo- AMEND\f£\T9 BETWEEN THE HOUSES. •1 (lify an ameiirlment from tlie other liou^e by ingrafting au nmiMidinent on it, because they have never absented to it ; hut ttiey cannot amend their o*Yn amendment, because they have, on the question, passed it in that form. 9 Urey 333, 10 Grey, 210. Nor where one house has adhered to their amendment, and the oiher agrees with an amend- ment, can the first house depart from the form which they have fixed by an adherence. In the case of a money bill the lords proposed amend- ments, become, by deiuy, confessedly necessary. The Commons however n'fused them as infringing on their privilege as to money bills ; but they offered themselves to add to the bill a proviso to the same effect, which had no coherence with the Lords amendments ; and urged that it was an expedient warranted by precedent, and not unparliamentary in a case become impracticable, and irremediable in any other way. 3 Hats. 236. 5i66. S70. 371. But the Lord-i refused, and the bill was lost, i Chsnd. 288. A like ease, 1 Chand. 3H.— 8o the Com- mons resolve that it is unparliamentary to strike out at a conference any thing in a bill which hath been agreed and passed by both houses. 6 Grey, 27'*. 1 Chand. 3i:i, A motion to amend an amendment from the other house lakes precedence of a motion to agree or disagree. A bill originating in one house, is passed by the other with an amendment. The originating hou^e agrees to their amendment with an amendment The other may agree to their amendment with an amendment £ that being only in the 2d and not the 3d degree. For as to the amending house, the first amendment with which they passed the bill, is a part of its text ; it is the only text they have agreed to. The amendment to that text by the «2 CONFKHKNCKS. ori^inatiiis; house, tli(MTf<»re, ih only in the. ist degree, and the amfMulinriit to that a*;ain hy tlie amending house in iuily in the Sd, to wit, an amendment to at; amendment^ and so admiM^^ihU'. — .lust mo when, on a hill from the orii^inatin;; house, the other, at its :2d reafl'iii^;, makes an amendment ; on tite 3d readin<;thi«« amendment is hecome the text of the hill, and ii'an amendment to it he moved, an amendment to that amendmeni may also be muved, aa being ou\y iu the ^i\ degree. SECrtON XL. Confprencps: — ft is on the occasion of amendments be- tweeif the liouseH that confercnt es are iiMually asked : but tWy may be asked in all cases of difference of opinion between the two h«»uses on matters depending between them. The request of a conference however must always be by the house which is possessed of the papers. 3 Hats. 91. I t'rey, 4553. i .;^ • '^ ,r ,. ■: ■'/ Conferences may be either simple or free. At a con- ference simply, written reasons are prepared by the house asking it, and they are read anrey, tiO, 3 Hats. i80. . A conference may lie a^ked hefore the hon^e a^liins; it has come to a resolution of diHa<;reement, in««»■,'/!< ; •:■ >; MESSARE8. 65 ro.fiispd confer 146. ^ith free Mice. 3 may be must be 1. Com. [lesask- a mem- er, .^0*. * kiii^a nforma- Dn. 10 ent art rom by niider- iparlia- •rini; it, Ian ad- imend- |te, or a ited by , 293. [actice. Ig of a ■.. w -> ♦. sKcrioN xrj. Mi'^^ffan^i'S. — Mf'«sa';i'« iMMwron ibe honors are to be scntonly while lioth lioiiseM are Hilfiiij;. 3 Hats i9. They art' received during; a debate, vitboiit adjourning tlie de- bate. 3 Hats. S2. !n Parliament, if the House be in committee when a mes- senger attend"*, lh»^ Speaker takes the chair y the previous question, the first question must be stated in onler to introduce, and make intelligible the second. '4 H its. 8 J. Si» also when a qnes'ion is postponed, adjourned or laid on the table, the orii^inal question, tlimig;h not yet a vote, must be expressed in the journals ; because it make^ pnrt of the vote of postponement, adjourning or laying it on the table. Where amendments are made to a question, those a- mendments are not printed in the journals, separated from the question ; but only the question as finally agreed to by the house. The rule of entering in the jcmrnals only what the house has agreed to, is founded in great pru- dence and good sense; as there may be many questions proposed which it may be improper to publish to the world iu the form in which they are made. 2 Plats. 8^, The first order for prinling the votes of the House of Commons was Oct. 30, 1685. 1 Chandler, 387. Some jud£,es have been of opinion that the journals of the House of Commons are no records, but only re- membrances. Hut this is not law. Hob. 110, 111. Lex. pari. lU, 115. Jourl. H. C. Mar. 17, 1593. Hale jmrl. 105. For the Lords in their house have power of judicature, the Commons in their house have power of ju- dicature, and both houses together have power of judica ture ; and the buuk of the clerk of the House of Common? 68 ADJOURVMENT. is a record, as is affirmocl by act of pari. H. 8 c. 1(5. 4 Inst. '2.1.21' And every mem her of the House of Cora- motis liath ajndidul place. 4 inst. 15. As records I hey are open to every person, and a |>rin(ed vote of either house is snffi lent i!;roiind for the other to notice it. Ei- ther may appoint a fommittee to inspect the journals of the tjther. and report what fias been done by the other ia any particular case. ^Htts Sfil. 3Hata. 27, 30. Eve- ry member has a ri^lit to see the journals, and to take and publish v<»te8 from them. Beina; a record, every one may see and publish them. (Hirey. I IW, Hi). On information of a misentry or omission of an entry in the Journal, a committee may be appointed to examine and rectify it, and report it to the House. S Hats. 194, 5, SEC riON XLIV. Adjournment. — The two houses of parliament have the sole, separate, and independent power of adjourning each their respective houses. The King has no authority to adjourn them ; he can only sii:;nifs his desire, and it is in the wisdom and prudence of either house to comply w ith liis requisition, or not, as they see fitting. 2 Hats. 232, 1. Blackstone. 186. i5 (irev, 122. A motion to adjourn simply, cannot be amended as by adding ' to a particular "lay.' (^ut must be put simply ♦that this house do now ailjourn?* and if carried in the af- firmative, it is adjiuirned to the next sitting day, unless it lias come to a previous resolution » that at its silting it will adjourn to a particular day,' and then the House is ad- journed to that day 2 Hats 83. Where it is cofivmierif that tlie business of the house be suspended for a short time, as fur a conference presently A Session. 69 to be held, &c. it adjourns during pleasure. 2 Hats. 305. Or for a quarter of an hour. 5 Grey 331. If a question be put for adjournment it is no adjournment till the Speaker pronounces it. 5 Grey, 137. And from courtesy and respect, no member leaves his place till the Speaker has past on. SECTION XLV. ^ Session. — Parliament have three modes of sepa- ration, to wit, by adjournment, by prorogation, or disso- lution ' V the king, or by the eflftux of the term for which they were elected. Prorogation or dissolution constitutes there what is called a session ; provided some act has pas- sed. In this case all matters depending before them are discontinued; and at their next meeting are taken up de novo, if taken up at all. 1 Glackst. 186. Adjournment, I which is by themselves, is no more than a continuance of the session from one day to another, or for a fortnight, a, month, &c. ad libitum. All matters depending remain in statu quo, and when they meet again, be the term ever so distant, are resumed without any fresh commencement, at the point at which they were left. 1 Lev. 165. Lex. pari, c. 2. 1 Ro. rep. S9. 4 Inst. 7. 27. 28. Hutt. 61. 1. Mod. S52. Ruffh. Jac's. L. Diet. Parliament 1 Blackst. 186. Their whole session is considered in law but as one day, and has relation to the firstday thereof : Bro. abr. pari. 86. Committees may be appointed to sit during a recess by adjournment, but not by prorogation. 5 Grey, 374. 9 Grey, 350. 1 Chandler 50. Neither house can continue any portion of itself in any parliamentary function, beyond the end of the session, without the consent of the other two 70 TRKATIK^. — IMPEACHMENT. brauchos. M'hrn dtwic, it is hy a hill coiislitutiiig thcui commissioners for the particular purpose. When it was said aliove tiiat all matters dependiiii; he fore parliament were discontinued by the determination oi tlie session, it was not meant lor judiciary cases, depend- ing heftne the house of Lords, such as impeachments, ap pe lis, and writs of error, Tlicse stand continued of course, to the next session, llaym. 120. 381. llufl'h. Jac. L. U. pari. SECTION XLVL TrpaUes. — Treaties are lej^islative acts. A treaty is a law of the land. It differs from other laws only as it must have the consent of a foreii^n nation, being l)ut a contract with respect to that nation. In all countries, I believe, except England, treaties air made by tlie legislative pow- er: and there also, if tliey touch the laws of the land, they Biust he approved by parliament. Ware v. Hylton. 3, Dallas rep. 273. It is acknowledged, for instance, that the King of Great Britain cannot by a treaty make a eiti- z^n of an alien. Vattel. H. I. c. 19. sec. 214. An art of parliament was necessary to validate the American treaty of 17S3. Anti ahtindunt examples of such acts can be ci- ted. In the case of the treaty of Utrecht in 171S, tlic commercial articles re(|uired the ccmcurrence of parlia- ment. But a bill brought in for that purpose was reject* ed. France, the other contracting party, suffered these artic les, in practice, to be not insisted on, adhered to the rest (»f the treatv. 4 llusserti hist Mod. Europe 4,'57. 2 femoilet. 242,246. SECTION XLVII. Impeach nipvt. — Juri^disction. The lords cannot ini. peach any vO themselves, nor join in the accubation, be- c f( a; e IM pi: ALUM EM. 71 ap 2 ini. be- cause tliey are the jddi^ps. Sold. Judic. ill pari. 12,63. Nor can they pioneil against a (Nminioner but on com ])laiiit i)f the Commons, ill. 81. The l^onls may not, l)y the hiw, try a commoner for a capital oflence, on the in- formatron of the Kini;, or a piivate person ; because the accused is entitled to a Iri.il bv his peers 2;enerallv ; but on accusation l)y the House of romuiou'^, they may pmceed ai^'iinst the deliuqueut of whatsoever degree, and wiiatso- ever be the nature of the ofl'ence; f»»r there they do n -t as- sume to themselves trial at cimimon law. Tbe Commons are then instead of a jury, and the jud:;ement is cjivcn on tiieir demand, which is instead of a verdict. So the L«>rds do only jnd;^e, but not try the delinquent . id. 0, 7* l^wt Wooddeson denies that a commoner can now be charged capitally before the lords, even by the commons ; and cites Fitzharris's case l()81, impeached of hii;h treason, where the lords remitted the prosecution to the inferior court. S Grey's d<'b. 825. 7, 3 Woo«ldcs(m, (501. r^G. 3 Scld. 1610, 161U, 1611. 4 JJlacks. ;>i77. 3 Seld. 16ul, 1618. I), le.-^G. Accusation. The commons, as the grand inquest of the nation, I»ecome suitors for penal justice. ^ Wood. 397. 6 Grey 3.i6, Tlic general course is to pass a resolution containing a criminal charge against the supposed delin- quent, and then to direct some member to impeach him by oral accusation at the bar of the Mouse of Lords, in the name of the Ciunmons. Tiie person signifies that the articles will be exhibited, and desires that the delin- quent may be sequestered from his seat, or be committed, or that the peers will take order for his appearance. Sa- chev. trial 82;i. 2 Wood. 602, 605. Lords Juuru. 3 June, 1/01. 1 Wms. 6l0. 6 Grey, 321. 7« IMPEACIIMF.Nl. Process. 11* tlip party do not appear, proclamations aiv to be issued, giving Iiim a day to appear. On their re- turn tiiey are strictly examined. If any error he found in them, a new proclamation issues giving a short day. If he appear not, his goods may be arrested, and they may proceed. Seld. .lud. 98, 99. Artich's. Tlie accusation (articles) tif the Commons Is substituted in place of an indictment. Thus, liy the usage of parliament, in impeachment for writing or speaking, the particular words need not be specified. Sach. tr. 32i5. 2 Wood. 003, 605. Lords Journ. 3d .June 1701. 1 Wms. 616. Appearance. If lie appears, and the case he. capital, he answers in custody : though not if tlie accusation be ge- neral. He is not to be committed but on special accusa- tions. If it be for a misdemeanor onlv, he answers, a lord in his place, a commoner at the bar, and not in custody, unless on the answer, the Lords find cause to commit hioj, till he find sureties to attend, and lest he should fly. Seld. .Tud. 98, 99. A copy of the articles is given him, and a day fixed for bis answer. T. llay. 1 llusliw. Sfi8. Fost. 23S. 1 Clar. hist, of the reb, 379. On a misdemeanor, Ids appearance may be in person, or be may answer in writing, or by attorney. Seld. Jud. 100. The general rule on an accusation for a misdemeanor is that in such a state of liberty or restraint as the party is when the Commons complain of him, in such he is to answer, id. 101. If previously committed by the Commons, he answers as a prisoner. I5ut this may be called in some sort judicium parium suorum. il). In misdemeanors the party has a right to counsel by the common law ; but not in capital cases. Seld. Jud. 10:$. 3. \/ rMl'EACllMENT. 73 :e Answer. The answer need not observe 2;reat strictness of form. He may plead guilty, as to part, and defend as to the residue; or, savinj; all exceptions, deny the whole, or give a particular answer to each article separately. 1 Hush. 274. 3 Rush. 1371. IS pari, hist 44S. 3 Lords .Fouru. 13 Nov. 104-3. 3 Wood. O07. ButJje cannot plead a pardon in bar to the impeachment. 3 Wood. 6i5. 2 St. tr. 7-^5. Replication, Jlejoinder, &r. Tliere may be a replica- tion, rejoinder, iS:e. Held. .Tud. 114. 8 G^-ey's deb. ^33. Sach. tr. 1.7. .Tourn. II. of Commons, G March, 104O. 1. Witnesses. The practice is to swear the witnesses in open house, and then examine them tiierc : or a committee may be named, w lio sliall examine them in committee, ei- ther on interrogatories agreed on in the house, or such as the committee in their discretion shall demand. Seld. Jud. 120, 123. Jury. In the case of Alice Pierce, 1 R. 2. a jury was impannelled for her trial before a committee. Seld. Jud. 123. But this was oji a complaint, not on impeachment by the Commons. Seld. Jud. 163. It must also have been for a misdemeanor only, as the Lords spiritual sat in the case, which they do on misdemeanors, but not in cap- ital cases, id. 148. The judgment was a forfeiture of all her land and goods, id. 188. This, Selden says, is the only jury he finds recorded in parliament for misdemean- ors : but he makes no doubt, if the delinquent doth put bimself on the trial of his country, a jury ought to be em- panelled, and he adds that it is not so on impeachment by the commons; for they are in loco proprio, and there no jury ought to be empanelled, id. 124. The Ld. Berkeley, 6 E. 3. was arraigned for the murder of L. 2. on an information 74 IMPKAtllMENT on tlip pnrt of the kinj;,ninl not on impcjirlimrnt of the Com mens; fortlii»n they had hcen patiiisjH. Mr w.iivofl his peer age, & ua?s tried hy n jury of (iloiK estcrsliiiT & W'arwick- shire. id. 12.'). In 1 II. 7. the CommoFH protest that they are Hot to l)e considered as parties to any jiid2;"meiit aiiven, or hereafter to he given ill parlinment. id. <;?3. They have licen generally, and more justly ronsiderecl, as is he- fore stated, as the grand jnrv. F(»r the ronreit of JSeldeii is certainly not accurate, that they are tlie padia sua of the accused, and that the Lords do only judge, hut not try. It is undeninhle that they do try. For tiny examifie wit- nesses as to the farts, and actpiit or condemn, according to their own helief of them. And Lord Hale says < the peers are judges of law as well as of fact.' 2 Hale, P. C. 275. Consequently of fact as well as of law. Presence of Commons. The Commons are to he pre- sent at the examination of witnesses. Scld. .Tud. 124. In- deed they are to attend throughout, either as a committee of the whole house, or otherwise, at discretion, app(»int managers to conduct the proofs. Rusliw. tr. of Strail". 37. Com. Journ. 4 Keh. I7O9, 10. 2 Wood. 0(4. And judg- ment is not to he given till they demand it. Seld. .1»d 124. But they are not to be present on impeachment when the Lords consider of the answer or proofs, and determine of their judgement. Their presence howcvr is necessary at the answer and judgement in cases capital, id. I.*i8, iSiQ. as well as not capital. 162. The Lords debate the judg- ment among themselws. Then the vote is first taken on the question of guilty or not guilty : and if they convict, the question, or particular sentence is out of that which seemeth to be most generally agreed on. Seld. Jud. I67. S Wood. 612. IMPKACIIMENT. 7^ prc- lu- nittre point f. 37. jiid-- (he ne of ry at tm). iidS- n on vict, hicli 167. Jutl!;nicnt. Jodi^mpnts in parliament for death have been strictly i;uided per le^eni teira*, which tliey cannot alter: and uot at all accordiui; to their discretion. They can neither omit any part of the legal ju(l!|;ment, nor add to it. IMieir sentence must he secundum, non ultra legem. Seld. Jud. 1()S — 171. This trial, though it varies in ex- ternal ceremony, yt't differs not in essentials from crimi- nal prosecutions before inferior courts. I'he same rules of evidence, the same legal notions of crime and punish ments prevail. For impeachments are not framed to alter the law, but to carry it into more effectual execution against too powerful delinquents. The judgment therefore is to lie such as is warranted by legal principles or precedents. OSta.tr. 14. 2 Wood. Oil. The chancellor gives judg- ments in misdemeanors; the Lord Hiarh Steward formerly in cases of life and death. Seld. Jud. 180. 15nt now the Steward is deemed not necessary. Fost. 144. 2 Wood 013. In misdemeanors the greatest corporal punishment hath been injprisojiment. Seld. Jud. 184. The king's assent is necessary in capital judgments, (but 2 Wood. 614. con- tra) but not in misdemeanors. Seld. Jud. 130. Continuance. An impeachment is not discontinued by the dissidution of p;irliament : but may be resumed by the new parliament. T. Ray 383. 4 Com. Journ. 23 Dec. 1790. J.ords Jour. May 10, 17sn. 2 Woodd 018. 1 I 'i '" '.^Iv ••3 «:. frtt I • i.> APPENDIX. .1 I'll '. Js >.« AU2.SS Am) RSOULATZOKS TO HE UnSERVKI) IN THE LEGISLATIVE COUNCIL OF w I. The Members of the Legislative Council are to ^ii in the order prescribed by his Majesty. ' IL The Speaker when he speaks to the houae, is always to be uncoverejl, and is not to adjourn the house, or do any thing else as moutii of the house, without the consent of the Members tirst had, excepting the ordinary- things about bills which arc of course, wherein the Mem- bers may likewise over-rule as for preferring one bill be- fore another, and such like. And in ca-ie of difference among the Members, it is to be put to tlie Question ; and if the Speaker will speak to any thing particularly, he is to go to his own place as a Member. III. At the beginning of a ParliatiC't after Prayers sliall have been read, and the Speaker shill have taken the oath prescribed l)y law, then all the M mbers of the Legislative Council present shall in like manner take^ make and subscribe the said oaf h. > ; iV. That the Chaplain shall read Prayers every tlay at the opening of the house. ' 78 APPKNDIX. V. On tlie second Friday after the cotninpncpnient of eat li KcsMion* tlic liunsti In; callpd, and iiolii e taken of fluch Mendiern as are aliMrnt, not excuied Uy tlic King, or by Ills Maje>*ty's re|)rcsentative. VI. Vov alnencp, every Meinher is to m«kc his ex- cuHP liy a Meinljer of tlie honse, and if allowed to he jn«t, he is to he excused, if nut he is to he hlanied hy the houito as the fniilt requires. YII. That immediately after Prayera the Journals of the |irecediiij; day he always read. VIII. That any Meraher may at any time desire the house to he ( leared of strnnj;ers, and the Speaker siiall immediately give directions to execute the order, without dchate. IX. When Ihe house is sittins;. every Memher that shall enter, is ^o pive and receive salutations from the rest, and not to sit down in his place unless ho has made his ohci- sance to the Chair of State. X. The Memhers in the upper house are to keep their (dignity and order in sitting as much as may he. and not remove out of their places without just cause ; hut when they must needs go across the house, they are to make obeisance to the Chair of Htate. XI. That if any Member have occasion to speak with another Member while the house is sittiui;, they shall go together below thi' bar, or else the Speaker is to stop the business in agitation. XII. When any Members speak, they address their speech to the rest of the Memliers in general. XIII. No Member is to speak twice to any bill at one time of reading it, or to any other proposition, unless it be to explain himself in some material point of his speech, Al'PtNUlX. TH but no new maKcr ; and that not wKhout leave of the lioi)!«r tirJtt ohtainud — ever;^* JVIcmliiT lupoakH standing and uncovprod, and nainPii not the McmhrrM of thft house com- monly Uy tlieir nnnu><(, hut **the Memherthat spoke lant," — ♦^ last hut one," — '* laat but two," &.C. or some othtr notp of diHtioction. '•• i«- . ,» ♦i. .1 1 . XIV. That HlH h Membrrfl tm nhnW make protestatinriy or enter their dinsTntH (o any voten of the house, nn Ihey )iave aright to do, withuit n^kini; leave of tln^ house> either witlior without their reasons, shall cause their pro- testations or dissentg to be entered in the (Merk^it book on the next sitting day of tliis house, before the risius; of the bou8e« otherwise the same shall not be entered ; and ishall alno sia;n the same before the rising of the house on the same day. XV. That all orders of the day, which by reason 6f aliy adjournment shall not have been proceeded npoti, shall be Considered only as postponed to the next day on w hich the house shall »^it. ^ XVI. To prevent misunderstanding, and for avoiding offensive speeches when matters are debating, either in the house or at Committees, it is for honor's sake thought fit, and is so ordered, that, all personal, sharp or ta^^ing speeches, be forborne, and that whosoever answereth another man's speech, shall apply his answer to the mat- ter without wrong to the perscm, and as nothing offensive is to be spoken, so nothing is to be ill taken*, if the party that speaks it shall presently make a fair Ex- position, or clear denial of the words that might bear any ill construction ; and if any offence be given in that kind, as the hbuse itself Will be very seh^iWe thereof, so it will censure the offender, and give the party uffcnded a fit re- paratiofl; and a full satisfaction. 80 Al'PKNDlX. XVII. Tliat for nvuidini; all mi^takcH, iinkinflnoss, or other iliflerenccs, which may grow to (|uarri'ls tLMuliiij; to the luTach of the peace, if any Memher shall conceive himsi'irto have received any affront or injury from any other Memher of the house, either in the Parliament house, or at any Committee, or in any of the rooms helongins^ to the Legislative C'onnril, he shall appeal to the house for his reparation ; w Inch if he shall not do, but occasion or entertain quarrels, declining the justice of the house, then the Mf'niher that shall be fiMiud therein offending, shall undergo the severe censure of the house. ... i * ' XVIII. That when a question is under debate, no mo- tion shall be received in the liouse, unless to amend it, commit it, postpone it to a certain day, or for the ordci* of the day, or to adjourn. XIX. That all Motions, deemed special, two days notice thereof be given to tlie house ; and asiy Motion (with leave of the house) may be withdiavvn any time be- fore amendment or decision. XX That no motion pveficed by a written preamble, shall be received by i\\'\s house. ; i , XXI. That wher, thecjuestion hath been entirely put by the Speaker, no Member is to speak upon the question before voting. ■ - i . . . . XXII. That after a question is put and the house hath voted thereon, no Membi r slial! depart otit of his place until the house hath entered upon some other l)usiness. • XXIIL That at votes, the contents do vise in theii- places, and the non-contents (ontinue to sit. XXIV. That the Clerk is to enter no order until the Speaker first demand the assent of the house ; and the Clerk is to read every order first in the house, before it l>c entered. ..... ni/i. J. j.-i.a ■ r.i/ T. 1 j'iii» APl'F.NDIX. 81 or XXV. That each Mornher has a ni»;ht to require that the question, ov Motion in disciission, ho read for his in- formation, at any time of the dehate. XXVI. I'o have more freedom of delmte and to facili- tate husincH, Cummitti'cs, are appointr^l either of tho whole house, or of individuals, Conmittees of the whole house sit in the house, hut liiea the Speaker sits not iu Iho Chair as Speaker. ' :» i « . -. •> ;' . ii "v '■ \ .. . XXVII. That when the Hou'-c shall he put info a Committee of the whole house, the liouse he not resumed without the unanimous consent of he Committee, unless upon a (pjestion put, hy the Memher who shall be in tha Chair of such Committee. XXVIII. That in a Committee of the whole house, the Rules of the house sliall he observed in so far as they may be a|)plicable, exceptin*^ the rule limitine; the times of speakinj;, an«l that no motion for the previous question, or for adjoarnment can he received, hut a Member may at any time move that, the Chairman d«» leave the Chair, or report some progress made, and ask leave to sit a$;ain. XXIX. That select Committees usually meet in one of the Committee rooms as the Members like. The Mem- bers of the Committee speak to the rest uncovered, but may sit still if they please. XXX. Every Member to sit in his due place when the Ijouse is put into a Committee. XXXI. At any Committee, Members of the liousc thouaih not of the Committee^ are not excluded from com- ing in and speaking, but they must not vote ; they shall also give place to all that are of the Committee and shall sit behind them, ^r^^- ^i-'t -.,. s 82 APPENDIX. XXXII. If it be desired by any Member that the house be put intu Committee it uiigiit not to be reiused. XXXIII. When anything that hath been committed, is reported, the Members of the Committee stand up. XXX IV. No man is to enter at any Committee or Conference, unless it be such as are commanded to attend, but such as aie Members of the hous-e, upon pain of being punished severely, with exam|)le to others. XXXV. That no message from the Assembly be re- ceived in this house with a bill or otherwise, unless the object of it be expressed verbally, as hath hitherto been practised. . ' XXXVI. When notice is given to the bouse by the Usher of the Black Rml, that a Message or deputation is sent by the house of Assembly, they attend until the house is prepared to receive them. We heing seated, they arc then admitted. On their comnig up to the bar with three obeisances, the Speaker goes dow n to the bar and re- ceives their message uncovered ; the message is then read and delivered to the Speaker !)y one of the Members of the deputation : on their retiring with three obeisances to the house, the Speaker re .iiies the Chair and standing uncovered reports the message for the information of the Members. The house then resumes the business it had before it. .. :. . XXXVII. None are to speak at a Conferenre with the lower house, but those that be of the Committee ; and when any thing from such Conference is reported, all the Memben of that Committee present are to stand up. XXXVIII. As it might deeply intrench on the privil- eges of this house for any Member to answer an accusa- tion in the bouse of Assembly, either in person or by aen- APPENDrX. 83 din2; his ansvcr in writiiij;, or hy his Coiuicil there upon seriouh consideration liad thereof and perusal of the prece- dents ill the upper h(»use of the Imperial Farliament, it is Ordered; that, no iVlemhcr of this house shall either j^o ■: >'.•■>.. - r- XLVm. That proof that notice of the intention of any person in* persons to apply to the Legislature, for its in- terference, respecting any local matter, should be publicly given in the Uppt'r Canada Gazette, at least once in each month for six m<»ntlis preceeding the session in which such application is to be made. XLVllI. That every Petition which is brought up, shall lay on the table, two days before it is read. XlilX. That the allegations in evehy Petition for a private bill, meant to originate in this house, shall be first referred to a select corauiittee, an\l the matter thereof re- ported up•(. XVII. That no Member shall speak beside the ques- tion in debate. XVIII. That any Member may of ri';ht reqnire the question, or moti(m in discnssicm, to !)e read for his infor- mation, at any time . • v - .^ , , XXII. 'I hat all messages from this house to the Legis- lative Council be sent by two Members, to be named by the Speaker, accompaniecl by the Serjeant at Arms. XXIII. That when the house shall jndge it necessary (o request a conference with the Legislative Council, the reasons to be given by this house upon the subject of the \ I \- ^ ilo\vii» CjlH'S- of tiie ' (|ues- re the iiifor- I to iri- 'i*'^ |)osing reply) ave of ()!' his cti he re the 8hall to do It the as he (J by ssary I. the r the P r--^ t . .Vv . ft f t : L' > 1.. ' -'r \ APPENDIX. 80 confi'rrnce shall Iw propmoil .umI n£;iTOfl lo I)y the tionse,. bcrorr the mcflsengcr's shall hr a|)|)(ii(iU>(l tu make Iho said nM|iirRt. coMMrn'Ri:. XXIV. That (lie rnlr** (if Ihr lion*;? sliall ho nhsorvod in conimillcc oftln- wholr xo fr.r ns th(\v \n\\' Uv applicahle, cxrrpf the rule liinitifi^- l!ir lime*! of «*peaUlii;;. XXV. That ill r)j'miii;:; a Cdmniitlee nf the whole house, hefore lea\itii;lhe Ch.iir the Speaker shall ap|)oiiit a chainnnn to preside, who shall iiinin dtal«ly take the Chair wilhoiit ar2;niiient or romment. XXV'I. That every Meuiher who shall infrodure a hill, petition, or m.tliou upon nuy suhjeet \vhi( h may he refer- red t« a ('ommitlee, shall he one of (he l!«)minil(ee with- out heinj; named hy the house, except in cases of conlio- ver(emmit(ees, whei'' he nuwiher, (o form such (juornm, shall no( be specially h d by tl.- house. XXVill. That in a Committee of (he whole house, a motion that the chairman leav» the (^hair, shall always be in order and take precedence of every other motion, and that when the motiof is li ade on account of any cjues- tion of order or privilei;e arisiii;;;. the f^peak r ^liall re- sume the Chair without (li'*(Ub^. IMAGE EVALUATION TEST TARGET (MT-3) r A :/, 1.0 I.I 11.25 1^ 1^ 1^ 1^ Hi m ■ 22 m |40 Vl^ u "- , uu.. iJ& 1.4 1.6 V] Hioiograpliic Sdeiices Cbrporation V ,v rou2;ht down to this house from the htmorable the Legislative Council, or when any bill sent «ip from this house to the Legislative Council shall be returned witii amendments, such bill so brouglit down, or the anu'ndments, shall undergo the same readings and formal consideration, and the same shall be committed and be subjected to the same order, form and stages, as are observed ujion bills originating in this h«use. XL. 'I'hat every public bill shall be introduced i)y a motion for leave, specifying the ol)ject of the bill ; or by a motion to appoint a Committee to prepare and bring it in: or l»y an order of the house on the report of a Committee : and that every private bill, after the present ses- sion, shall be founded on a petition, notice of the intention of the petitioners having been inserted in the Upper Cana- da Gazette for the period of six months previous to the meeting of the Legislature. XLL That when any bill is brought into the house, at least three days shall elapse between the first and second reading of the same ; and at least two days be- tween the final report of the Committee and the tliird read- ing, unless the operation of this rule shall be suspended by the consent of at least twenty-three Members.* * This rul'j was rescinded during the 3d Sess. 9lh Provincial Parlia ment, and the following adopted in lieu thereof, " thtit no bill brought into thin house sliall have more than ouo reading on the same day''' ■■ 9^ AVPENDIX* KLrj^>. XL! I. That no rule julopicd by this lionse sliall he* disptMised witli, unles.-j ity coii.-imU ol'at lea^t, twenty- three XIJIl. That all pclitioiiH to bo iiitrodured, shall be brooi!;lst in inimediati'iy atitr thi minutes aic n*nd, and (hat such petitions shall be read by the C'leik, al'ier the third readiiij; of any l)iiU thai may stand for that purpose on tiic order ot* the, d;»y ; pio\ ided such petitions shall have lain on the Uiblc two days. ^ ^ w ()KUb:K>> OF i ME DAY. ; XLIV. That all orders of the day which, by reason of any adjournnuMit. sinill not have been proceeded upon, shall be consiiiered as postponed, till the next day on which the house shall sit, and shall stand tirst on the order of the diy after the third reading of bills and addresses, and leading of petitions. ACCOUNTS. XLV. That all a(;( outrts which shall in future be pre- sented by an.> individual fur work or labor done, or for articles furnished for the u-^e of this house, shall be sworn to, and the affidavit sjiecity that the charges therein con- tained, are the usual charities, and the commonly receixed prices for such work and lab.jur, or for such articles fur- nished. . , , . i Mf i HUN riN(T. XfjVI. That all (he piinting done by order of the house shall be enisniired bv ctnUract for the session, on the lowest terms oifeied, and